TERMS OF SERVICE

Terms & Conditions

The following Terms and Conditions of Service apply to all products and services offered through the MARC program/website of Berkshire Hathaway HomeServices C. Dan Joyner, REALTORS.

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All work is carried out by Berkshire Hathaway HomeServices C. Dan Joyner, REALTORS employees (hereinafter referred to as CDJ) on the understanding that the client has agreed to our terms and conditions.

CDJ retains copyrights on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and you select one of the designs, only the one selected will be delivered to you and will be deemed by us as fulfilling the product terms. All other design choices remain the property of CDJ, and shall not be recreated or shared.

 

Hours of Operation

The MARC Store hours of operation are Monday to Friday, 9am to 5pm, excluding CDJ holidays (New Year’s Day, Good Friday/Easter Monday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day). Orders and emails sent to the MARC staff after hours will receive a response within 72 business hours.

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Project Acceptance

At the time of purchase, the client indicates acceptance of these Terms & Conditions or the Terms and Conditions of the specific product that the client is purchasing, if applicable.

The only exception is for products that charge an hourly rate. In that case, CDJ will submit a scope of work and estimate of cost to the client, and the client at that point may choose to proceed by signing the scope of work and estimate, or discontinue the process. Discontinuation of the process for products that require a scope of work and estimate must be done in writing within 30 days of the issuance of the estimate and scope of work. If the client accepts the scope of work and estimate, then the project proceeds according to the product description as stated in the product’s web page.

 

Charges

Unless otherwise stated in the specific product page within the MARC Store, all products require payment upon checkout. Payment terms and schedule may differ depending on the product and optional add-ons, hourly enhancements, revisions in round of the allocation, etc. By purchasing the product, the client explicitly agrees to these terms and conditions or the product-specific terms and conditions.

 

Source Files

Charges for design work do not cover the release of our copyright design source files, including but not restricted to .indd, .psd, .ai, .aep, .prproj or other source files or raw code; if the client requires these files for transfer to a non-CDJ designer, they will be subject to a separate charge to be determined.

 

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of the quotation acceptance.

 

Payment

Unless otherwise stated, payment for all MARC products is due at checkout. 

 

Default

An account shall be considered default if a balance remains for 30 days from the date of invoice. CDJ shall be entitled to remove material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for all services available from the MARC Store. Removal of such materials does not relieve the client of its obligation to pay the due amount.

 

Copyrights and Trademarks

By supplying text, images and other data to MARC/CDJ for inclusion in the client’s product deliverables, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by CDJ on behalf of the client, will remain the property of CDJ and/or its suppliers unless otherwise agreed in writing. Upon final acceptance and payment, CDJ may release to the client all copyright permissions but retains the right to use the delivered products for promotional purposes.

A license for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.

The client may request in writing from CDJ the necessary permission to use materials for which CDJ holds the copyright in forms other than for which it was originally supplied, and CDJ may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any third-party material used in a web or digital project remains the property of CDJ and any ongoing license fees or fees for upgrades are the responsibility of the client, not CDJ.

By supplying images, text, or any other data to CDJ, the client grants CDJ permission to incorporate these materials into the finished product.

Should CDJ, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow CDJ to remove and/or replace the file on the site.

The client also agrees to fully indemnify and hold CDJ free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

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Alterations

The client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The client also agrees that CDJ holds no responsibility for any amendments made by any third party, before or after a design is published.

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Licensing

All design work, where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

CDJ will not be held responsible for any and all damages resulting from such claims.

CDJ is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold CDJ responsible for any such loss or damage.

Any claim against CDJ shall be limited to the relevant fee(s) paid by the client.

 

Data Formats

The client agrees to CDJ’s definition of acceptable means of supplying data to the company.

Text is to be supplied to CDJ in electronic format as standard text (.txt), MS Word (.docx) or via e-mail or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by CDJ via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and CDJ will not be held responsible for any image quality which the client later deems to be unacceptable.

CDJ cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color-correction, and alteration of images.

 

Design Project Duration

Any indication given by CDJ of a design project’s duration is to be considered by the client to be an estimation. Estimated project duration should be deemed to be from the date that cleared funds are received by CDJ for the initial payment or by date confirmed in writing by CDJ.

 

Design Project Completion

CDJ considers the design project complete upon delivery of the client’s approved designs via the signoff email. Furthermore, the clients' failure to progress the project/reply to communications for 60 consecutive days will render the project complete. After signoff/completion, any additional/added corrections and requests by the client will be considered NEW WORK and will be subject to additional charges.

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Design Project Scope

Projects are limited to those deemed directly related to the clients' professional association with CDJ through an Independent Contractor Agreement or Marketing Agreement. No personal, school, volunteer, hobby or outside design or marketing projects will be advanced through the MARC process.

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Website Optimization

In a website optimization project, CDJ will only optimize the client’s CDJ-issued website. Any requests for work outside of the CDJ-issued website service will be considered out of scope and will be subject to additional charges as applicable. A website optimization project will be considered complete once the client publishes the site. Any additional change requests after the site has been published will be considered NEW WORK and is subject to additional charges.

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Rights of Refusal

CDJ will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. CDJ also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that CDJ does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow CDJ to remove the contravention without hindrance, or penalty. CDJ is to be held in no way responsible for any such data being included.

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Disclaimer

CDJ makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. CDJ will not be held responsible for any and all damages resulting from products and/or services it supplies. CDJ is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold CDJ responsible for any such loss or damage. Any claim against CDJ shall be limited to the relevant fee(s) paid by the client.

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CDJ reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. CDJ will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

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General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. CDJ reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by CDJ through the MARC Store is deemed to be acceptance of these terms and conditions, which are freely available at cdjmarc.com.

Questions about the Terms of Service should be sent to us at info@cdanjoyner.com.